SAN JOSE, Calif. — On Monday in Santa Clara County Superior Court, Judge Johnny Cepeda Gogo denied release for an accused man for failing to appear at previous court hearings, despite being notified that the accused had been incarcerated in Alameda County at the time.
The accused was at court for a bench warrant hearing because he had failed to appear at his last court date on July 1, 2024, Judge Gogo said. The accused faces felony charges.
The accused had been incarcerated in Alameda County and was therefore unable to attend hearings in Santa Clara County at the time, Deputy Alternate Defender Beth Kendall clarified.
He had since been released from Alameda County on the Supervised Own Recognizance Program (SORP), Kendall said. She requested that the accused be released on SORP for his Santa Clara case as well.
“I am not open to SORP,” Judge Gogo said. He had issued a bench warrant over a year ago, so the accused’s attorneys in Alameda County should have run his name, seen that he had a bench warrant, and transported him for the hearing, Judge Gogo added.
Judge Gogo maintained that he had only Kendall’s statements and no paperwork to corroborate the accused’s allegation that he was incarcerated.
Kendall argued that the accused had been serving time, not willfully failing to appear.
Judge Gogo countered that the accused should have let his attorneys know that he had another case in Santa Clara County. He set the bail bond at $75,000, denied release, and continued the matter to the afternoon.
